Microwave Communication Equip This agreement, made and entered into this ~ / day ef
a municipal corporati.en of the first class, located in Saline County,
E-=oleos. hereinafter referred to as the City, and Eansas Power and Light
Company. of Ss/ina. Kansas, hereinafter referred to as the Company,
h~EREAS the City is the o'.U~er of certain water towers operated
by its water department and located upon csrtaim real property
by the City and hereir~fter more p~rticu!arly described; and,
1~UTEREA$ the Company desires to cens'~ruct, maintain, operate,
and repair certain microwave c~unicatlon equipment consisting of,
but net limited to, dishes, reflectors, transmission cables, micro-
wave equipment, and other incidental mlcro~ave and protective cover-
ings therefore necessary for, the operation efa microwave station to
be erected, operated, and maintained under the authority of the Federal
Ccm~unicationS Commission upon or near property ~zned by the City; and,
~J~$ the City is ~illing to permit said Company to occupy said
real estate for said purpose upon the terms and conditions hereinafter
set forth;
N~ T~qEFORE in consideration of the su~ of $10.OO per annum
payable te the City by said Company on the ) /, day cf,,, ~ ,
19 ~-~/~ and on the same day and =amc month each year there~'ter until
this agreement ia terminated, the City agrees ~o and does hereby ~rant
to maid C~'..p~uy the right and license to use and occupy the following
described real estate for the location, construction, maintenance,
opera~icn, and repair of certain microwave cor~munleation equipment
consisting primarily of, but not l~ited to, dishes, reflectors~ traneh
mission cablea, and other ~icro~ave equipment and protective coverings
therefore incidental to and necessary for the operation of a radio
station, which said real estate being mere particularly described as
follows:
Southweot O~uarter of the Northeast Quarter. Section 18.
Township 4. South, Range 2, West. Saline, County
(Gypsum Hill Cemetery)
together ~_th the right of ingress ~hereta ~.ud egress therefrom.
IT ~$ ~T~ ~Y A~D b7 an~ be~een she p~es hereta
~ fol2ows ~
1. Oo~any shall tns~all s~d microwave c~ica~t~n equipment, ·
install on sai~ wa~er tower at a place acceptable ~ s~d
erected by C~p~y shall remai~t in ~he
3. Co~y a~aes ~o loca~e, cons~c~, ma~n~ain, ~era~e, ~
is deter~ned that said equipzent is interfering ~th the ~eration
· hs s~e ·
4. Co~y w~ves ~1 claim for d~a~es agains~ ~he City ~d
a~ees tha~ the Cit~ sh~l no~ be responsible to s~d C~y in ~y
way for d~fes in the e%ent of dest~c~lon of ~he wa=er tower or other
lmprov~en%s by fir~, wt~storm. ~r other casu~ty, and ~hat the
will no~ bs oblifated to zep~r aaid water tower in the even~ of its
des%~ction or alteration.
5. Co~y further a~ees to inds~ ~d hold harness
City from all claims for ~y loss, liabilt~, d~afe %0 props~,
bo~ly tnJu~, demise, costs, ~d e~snses of what,er nacre which
~hs City, t~s ~uployees, or third p~tles may s~t~n from or ~nf
out ~ or incidental to ~y ~ts or happenlnfs tn co~ection ~th the
location~ erection, ~eratlon=, maintenance, or r~air ~ Colby's
mtcro~zzve cc~tcation equipment; that such tnde~i~ ~d hold h~m-
less agreement sh~l not a~ly to ~y cla~s arisin$ out of ~
mately caused bM ~he negligence or omissions of City, its a~en~s, ser-
vants, er em~Ioyees, whether tndividu~ly or tn cmnJ~c~ion ~th the
ac~s of ethers.
S. Comply ~uders%~s that %he ltce~e ~ pe~tsston ~o use
said water tcwer is not ~ exclusive right, ~d that ozher
to use said water ~ower may have been ~t~ prior to the date ~
this afresmsn~ ~ may be gr~u~ =o others ~bsmquen~ =~ the
of this afreement~ %hat tn the event Interference dsvsl~s to ~y
radio equipment Instmlled prior to the installation of the micrewavq
equipment under the terms of this a~-eement, said Oampany will be
under aa obligation to eliminate said interference by special correc-
tive measures, and in the event that this car~ot be accomplished, te
remove the antenna causing such interfez4er~s.
7. Company agrees to secure the approval of the CitT prier to
the construction of any protective coverings fur microwave equipment
which is built at the base of the water tower.
8. Cor~s~y agrees to bs responsible for maintenance ~d
men ~ the ~cr~ave equlpm~nt and to ~ee ~hat ~here will be no t~er-
tng ~th water valves ~d other City pr~e~, z~d ~hat the
'ro~ding said water tower will be clo~ed ~ud !ocksd by ~hoir ~pl~ees
or ~ents when leaving the pre, sem.
9. Tht~ a~eement may be cancelled and terminated i~
s~d ~acer ~o~sr is to~ do~, ab~oned~ o; ~e~oved from the above
described real property by the City, in which event ~aid Co~y
remove its equipment therefrom at it~ ~ e~ss. S~d a~esment
further be c~ce!led ~d terminated at ~y t~e said Oo~uy shall re-
move i~s ~icro~ave co~unica~ioa equipment fr~ said ~a~er ~er on the
above described re~ pr~erty.
This agreement ~d ~1 the ter~ ~d co~itions herein
bindinE upon ~ud incure ~o the benefit ~ the parties hereto, their
respective S~CO~EEGrs ~d assize.
~ ~';~NEBS ~!~qEOF the City h~ caused this aEreemen~ to be exe-
cuted by its Mayor ~d its corporate ss~ ~f~ea ~hereto by Ci~
1B(~''~'~, ~ud ~he Ce~y ham c~u~ed tbs m~e ~s be executed by itm
property officers there~e duly au~horizsd ~d i~s ee~erats ~e~ ~ixed
there~e ~he day ~d ye~ ~'irs~ above written.
A~EST
~e E~usas Power and ~ght Com~
Secretly ~ '
BE IT R~.~?~ERED that on ~hte .~ / .day of ~ ,,
19 ~ before me ~he ~dersi~ed, a Notary Public in ~ for
c~n~y ~d state ~oresatd, c~s ..... . · ~ .... .. , May~r
of ~hs City of 5altna, K~sas, a m~uicip~ co~orati~n ~d city of Zhe
first class, ~d ~ ~ V '~1 ..... , ~t~ Clerk of
Ct~, wha are personally Pmo~m to ~.~e to be such officers ~d who are
personally kno~ to z~e t~ be the p~rs~s who ~xeeu~d ~ such officers
zhe within ins~r~uuent of ~ritlng on behalf of s~d City ~d such persons
duly ae~owledgod Oho execution of the s~e to be ~he act ~ deed
said City.
~R~,Or i have hereto set my h~d ~ ~f~ed my
seal the day ~d yo~- first above ~,ri~ten.
~S~ . .. ; ........ ~,
BE ~ ~B that On the ~ day ~ ~,
before me the ~dersf~ed, A h~ot~y Pubifc in ~ for the Cowry ~d
state ~ores~d, c~e .... BALFOUR,S', JEFFREY,, , ~o Is person~ly
~o~ ~o ~e ~o be ~he s~e person ~o exeen~ed ~he above ~d foregDing
~ns¢~men~ of writing ~ duly se~owledge~ ~he ezeeu~ton o~ ~he
~ ~hetr fr~e ~d volubly act ~G deed.
~ TEST~.~O~ ~OF I have hereto set my h~ ~d ~flxed m7
the ~y ~d ye~ first above ~i~ten.
.
Not~y Pu~ '